Legal Question in Construction Law in California

Unlicensed Contractor

After purchasing a home and discovering numerous defects which the ''contractor'' would not come back and fix to include mold remediation for a water leak. We learned that he was unlicensed. In fact he was using the license belonging to someone else. The CSLB has cited the ''contractor'' for contracting without a license and the licensee for aiding and abetting an unlicensed contractor. We have been unsuccesful in getting any of the individuals invold to make good on the repairs. We have even written a letter in accordance with Senate Bill 800 which went ingnored. What should we do


Asked on 1/27/08, 1:45 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Unlicensed Contractor

Sue. It sounds like your only option now, other than making a claim on their contractors' bonds, if any.

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Answered on 1/28/08, 2:55 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Unlicensed Contractor

You might find a local attorney who does construction-defect cases (this is a fairly common specialization) and ask for a free consultation; in the couse of the consultation be sure to discuss whether the contractor has assets that could be attached if you win. Also go into whether the person who hired the contractor (the builder or seller) might have liability to you for the defects. There is also a possibility that an agent or broker may be liable to you due to misrepresentation, concealment or failure to carry out a duty to inspect or investigate.

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Answered on 1/27/08, 4:21 pm


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